Good practice – the Netherlands The Inspectorate of Security and Justice designed a framework for the assessment of the treatment of detainees and the prevention of violence against or among them. Recommendations Public Authorities • Medical screening within 24 hours of arrival of the detainee. This includes identifying contraindicated drugs and an assessment of suicide risks; Conduct a needs assessment. National law should be amended to require the protection of victims in detention against secondary victimisation, intimidation or retaliation independent of the criminal justice process.128 Formal protocols should be adopted for systematic individual needs assessment and assessment of necessary protective measures for alleged victims of ill-treatment and violence in detention. • Within 24 hours of arrival, an interview takes place on personal attention points and possible contraindicated drugs or situations; Provide training to Detention Staff on assessing the victim’s needs for protection against secondary victimisation, intimidation or retaliation. • Establish clear and efficient protection measures for victims and witnesses who report crime in detention. Protective measures should include temporarily relocating an alleged offender to a different unit or Detention Centre, ordering a suspension measure, and following-up regularly with the victim on existing threats or concerns for his/her personal safety. • Consult with victims before implementing protection measures. • Ensure secure, confidential and fast track channels of communication for victims and witnesses to report crime to Law Enforcement Authorities.129 “Detainees must be screened upon arrival for care needs, safety and health care management risks and any reasons why they should not be placed in a multi-person cell. To this end, the following steps, among others, are taken: • • • An observation and findings form is completed on this basis within three working days of arrival; • The detainee is screened within ten working days of arrival on the security level, risk to fellow prisoners and risk of self-harm.”127 Law enforcement and judicial authorities • Ensure the protection of victims and witnesses. Protection measures should include the necessity to keep the investigation secret from the alleged offender and Detention Administration. 127 REDRESS, The Rights of Victims of Violent Crimes in Pre-Trial and Immigration Detention: Report on The Netherlands, March 2019, available at: https://redress.org/news/newreport-on-the-rights-of-victims-of-violent-crimes-in-pre-trial-and-immigration-detention-in-the-netherlands/. The report indicates however that this is not done for detainees suspected of terrorism, as they are automatically placed in the terrorist wings of Detention Centres. 128 Article 22 of the 2012 Directive. 129 See recommendations above regarding access to justice. 44